Dear friends,
When we discuss the "subject of suspension," it's automatic that the payment of subsistence allowance during "suspension pending enquiry" also arises. This is because suspension "without payment of subsistence allowance" is null and void (ref. Capt. Paul Anthony Vs. B.G.M.L. (S.C.)). Regarding the period of suspension, as you all know, it should be governed by S.O. read with relevant Acts & Rules such as the ID Act, the Industrial Employment (Standing Orders) Act, 1946, etc. In some cases, HR policies govern such suspension issues, and the actions of such an employer are subjected to natural justice. Some of the relevant provisions are discussed in the attached judgments which may shed some light on the issue.
From India, Bangalore
Acknowledge(0)
Amend(0)
1273When we discuss the "subject of suspension," it's automatic that the payment of subsistence allowance during "suspension pending enquiry" also arises. This is because suspension "without payment of subsistence allowance" is null and void (ref. Capt. Paul Anthony Vs. B.G.M.L. (S.C.)). Regarding the period of suspension, as you all know, it should be governed by S.O. read with relevant Acts & Rules such as the ID Act, the Industrial Employment (Standing Orders) Act, 1946, etc. In some cases, HR policies govern such suspension issues, and the actions of such an employer are subjected to natural justice. Some of the relevant provisions are discussed in the attached judgments which may shed some light on the issue.
From India, Bangalore
Acknowledge(0)Amend(0)
Suspension is done when administration need enquiry & suspend employee may not alter proof. Suspension is not punishment.
From India, Indore
Acknowledge(0)Amend(0)
From India, Indore
Acknowledge(0)Amend(0)
With all due respect, no subsistence allowance is attracted if the suspension is by way of punishment after following due process of a domestic enquiry. Subsistence allowance is only payable when an employee is suspended pending an inquiry.
From India, Kolkata
Acknowledge(0)Amend(0)
From India, Kolkata
Acknowledge(0)Amend(0)
Most posts are technically correct. Just an addition: when you're stuck in this situation, suspensions and terminations are nothing but politics. It usually happens when you have messed up at something, or someone has framed you. If you messed up, then no issue. But if you have been set up, consult the con guru. Whatever is said and done, if the company does not want you, then there is no stopping it. However, as a manager, you should be able to read between the lines and work around it. Very few know that you get paid by rival companies to set up good employees.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Suspension is a temporary termination from service. Suspension is not a punishment according to the law. During the period of suspension, the employee is entitled to receive a subsistence allowance for their livelihood. Suspension cannot be continued forever. The suspension order shall be revoked after two years; by that time, the case against the employee is required to be decided.
Termination is nothing but ousting. Employees can be terminated from service for various reasons. However, the termination orders are subject to judicial review.
From Canada, Calgary
Acknowledge(0)Amend(0)
Termination is nothing but ousting. Employees can be terminated from service for various reasons. However, the termination orders are subject to judicial review.
From Canada, Calgary
Acknowledge(0)Amend(0)
\"SUSPENSION\" FOR NOT MORE THAN 4 DAYS MEANS AS A PUNISHMENTS FOR TIME LIMIT AND TERMINATION MEANS END OF RELATIONSHIP BETWEEN EMPLOYER AND EMPLOYEES.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Suspension is a temporary termination, subject to re-reinstatement after the specified period. Termination is nothing but ousting from service. Suspension is not a punishment.
From Canada, Calgary
Acknowledge(0)Amend(0)
From Canada, Calgary
Acknowledge(0)Amend(0)
It is not appropriate to construe suspension pending disciplinary action as temporary termination. On the other hand, suspension keeps the contract of service only in abeyance for the period during which the disciplinary action is pending and does not sever it even temporarily. It is not compulsory that an employee is entitled to reinstatement in all cases of suspension as it depends upon the result of disciplinary action and domestic inquiry where it is possible to dismiss an employee for a proved misconduct. An employee is entitled to reinstatement only where the suspension is revoked pending inquiry and where the penalty imposed is other than dismissal.
B. Saikumar
HR & IR Advisor
From India, Mumbai
Acknowledge(0)Amend(0)
B. Saikumar
HR & IR Advisor
From India, Mumbai
Acknowledge(0)Amend(0)
When an employee commits misconduct and it is necessary to conduct an inquiry to find out the facts, it seems that the employee may tamper with the evidence or influence witnesses. In such cases, the employee is suspended. The duration of the suspension depends on the disciplinary authority. Once the disciplinary authority is satisfied that the initial inquiry is complete, the suspension may be lifted, and the employee can return to work.
From India, Indore
Acknowledge(0)Amend(0)
From India, Indore
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Termination-emp loyment_563.pdf
People make the difference….ppt
Termination letter.doc